In the Supreme Court's pivotal decision in Alice Corp. Pty. Ltd. v. CLS Bank, Int'l (2014), computer-implemented inventions were considered unpatentable if they were directed to an abstract idea. Since that time, many applications have been rejected and issued patents invalidated on the grounds that they were directed to an abstract idea and therefore contained unpatentable subject matter. In Enfish, LLC v. Microsoft Corporation (2016), the Federal Circuit Court of Appeals issued a clarifying decision that should stem the tide and provides an important clarification to support the patentability of many computer-implemented inventions.

In a recent decision, the Federal Circuit Court of Appeals reconfirmed that decisions of a trial court interpreting the meaning of terms used in patent claims are not given deference on appeal. Instead, the court of appeals reviews patent claim interpretations de novo, and need not give the trial court decisions any weight.

The patent statutes allow the award of attorneys’ fees in a patent infringement lawsuit to the prevailing party—plaintiff or defendant—in exceptional cases. The Federal Circuit Court of Appeals has long held that a prevailing accused infringer must prove the plaintiff's position was objectively unreasonable and that it was subjectively (that is, knowingly) asserted in bad faith. Some companies that have been sued for patent infringement contend that the standard should be lowered, making it easier for a successful defendant to recover its fees when defending against a weak patent infringement case. Now the Supreme Court has agreed to consider that question.

Lowe Graham Jones attorneys David Lowe, Larry Graham, Mark Lorbiecki, and Mark Walters have again been included in the Washington Super Lawyers list for 2016. Larry Graham has been included in the listing every year since 2006, while David Lowe has been listed each year since 2008. Mark Walters has been named either to the Super Lawyers list or the Rising Stars list every year since 2006, and Mark Lorbiecki has been named to the Super Lawyers list every year since 2011. LGJ is pleased to have its attorneys recognized by this important publication which carefully evaluates each candidate for listing and is limited to no more than five percent of the lawyers in the state.

Lowe Graham Jones attorneys David Lowe, Larry Graham, Mark Lorbiecki, and Mark Walters have again been included in the Washington Super Lawyers list, while attorney Ben Dugan is listed among the Rising Stars list. Larry Graham and Mark Walters have been included in the listing every year since 2006, while David has been listed each year since 2007. LGJ is pleased to have its attorneys recognized by this important publication which carefully evaluates each candidate for listing and is limited to no more than five percent of the lawyers in the state.